TENANTS

TENANTS

If you are a tenant under a licence, a set term tenancy agreement or a lease of under seven years duration, then your landlord must ensure that all gas appliances, fittings and flues provided for your use are safe.

As a tenant, you have a right to:

Gas fittings (appliances, pipework) and flues being maintained in a safe condition
An annual safety check carried out on each gas appliance/flue by a CORGI-registered gas installer. Checks need to have taken place within one year of the start of the tenancy/lease date, unless the appliances have been installed for less than 12 months, in which case they should be checked within 12 months of their installation date.
A copy of the current safety check record issued to you within 28 days of the check being completed. In certain cases, such as holiday property, the record can be displayed.
A copy of the safety checks if you are about to move into rented accommodation.

Remember: Safety checks are part of your legal rights. They ensure that your appliances are working effectively and guard against the dangers of carbon monoxide poisoning.

If you or someone else is concerned about gas safety where you or they live you can ring the Health & Safety Executive Gas Safety Advice Line on 0800 300363 or Transco's gas emergency service on 0800 111999

Questions and Answers

Q: Which equipment is covered by the annual check?
A: The landlord's maintenance and safety check requirements generally apply to any gas fittings or flue installed in the "relevant premises" except:

any appliance owned by the tenant
flues/chimneys solely connected to an appliance owned by the tenant
any gas appliances (such as gas fires provided for customers in non-residential areas of public houses) that are exclusively used in a part of the premises occupied for not residential purposes.
Please note that any appliances and flues serving "relevant premises" (such as heating boilers not installed in tenants' accommodation but used to heat a number of premises) are covered. The duty to maintain and arrange safety checks also applies to portable appliances such as LPG cabinet heaters.

Q: Can I - as a tenant - take responsibility for these duties?
A: No - although a contract may be drawn up between a landlord and tenant for an appliance or flue installed in a non-residential part of the premises, for example a shop or public house.

Q: What if I sub-let the property?
A: The "original" landlord may retain duties which overlap with those acquired by the person who sub-lets. In such cases, close co-operation and clear allocation of duties is essential to ensure that legal duties are fully met, and that the terms of the contract properly assures tenants' safety.

Q: Must I allow access to the property for safety checks?
A: The contract you draw up with the landlord should allow reasonable access for any maintenance or safety check work to be carried out. Your landlord is legally required to take "all reasonable steps" to ensure gas safety work is carried out, and this may involve giving you written notice requesting access, and explaining the reason. If you refuse access after repeated contacts, your landlord may consider action through the courts, but shouldn't use force to gain entry.

Q: How do I know whether the gas installer is CORGI-registered?
A: Before allowing anyone onto your property, ask to see their CORGI identification (ID) card. The card tells you all you need to know about the installer (and their employees) you are going to use. The front shows the operative's photograph, name, trading title, CORGI registration number and card expiry date. The reverse lists the areas of gas work the holder is competent to carry out, with certificate expiry dates next to each entry. If you wish to check the validity of the card, call the number upon it (01256 372499) or use our on-line validation service.

Q: What if an appliance fails the safety check?
A: The safety check record will contain details of any defect identified and any remedial action taken at that time. A CORGI-registered installer should rectify the defects. It is an offence to use, or allow the use of, a gas appliance you know to be unsafe. Do not reconnect an appliance that you have been told is unsafe, or which has either been isolated or disconnected for safety reasons.

Q: What action do I take in the event of a gas escape?
A: If you smell gas, or suspect there is a gas escape, you should immediately shut off the gas supply at the meter, open windows, extinguish naked flames, do not use electrical switches and notify the Gas Emergency Freephone Number: 0800 111 999.

If you provide liquefied petroleum gas (LPG) for use by a tenant in premises other than a building (e.g. a caravan or holiday park home) you must discuss emergency arrangements with you LPG supplier and agree what action to take in case of a gas escape or emission of carbon monoxide from any LPG appliance.

Q: What recourse do I have if my landlord won't maintain my gas appliances?
A: Landlords have an absolute duty under the law to maintain gas installations and appliances. If they fail in this duty, you should contact your local Health & Safety Executive office.

Q: I have not seen a copy of any safety check record - what should I do?
A: Ask to see a copy of the safety check record, the landlord must show this to you by law. Ensure the safety checks have been carried out by a CORGI registered installer. Alternatively, you may write to your landlord requesting sight of the safety check record. The Health & Safety Executive have drafted a form of letter which you may find useful.